smith. thanks for having us into your home tonight. i will see you tomorrow for happening now 8:00 pacific, 11:00 eastern. remember, shep is always online fox news.com/shep. good night. bill: "the o'reilly factor" is on. tonight: >> this will be my last broadcast here on cnn. bill: a factor exclusive. lou dobbs on the factor to explain why he left cnn so abruptly. and what he is going to do now. >> in recent years it's become clear that the c in cnn is not the letter c but rather the spanish word si. >> if you are a terrorist you are engaged in war against the united states and you are to be treated as combatant. >> this is a travesty. bill: pressure building on president obama to explain exactly why he is allowing an al qaeda terrorist captured overseas to tried in new york city. we'll have the latest. >> yeah. she a joke. the idea that this potential

talk show host is considered seriously for the republican nomination, believe me, it will never happen. bill: bernie goldberg takes a look at new attacks on sarah palin who will appear on the factor this week. >> this is where the best of america is. bill: caution, you where to enter the no spin zone. the factor begins right now. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- bill: hi, i'm bill o'reilly, thanks for watching us tonight. lou dobbs and cnn. that is the subject of this evening's talking points memo. as you may know the last of the original cnn anchors lou dobbs have left the network after 27 years. we will talk to mr. dobbs in a moment and find out exactly why that happened. no question illegal immigration played a part. the "new york times" among others is thrilled about dobbs exiting. editorializing, quote: from dobbs, cnn

the anti-immigrant label applied to lou dobbs did not sit well with cnn which is dominated by liberal management. also dobbs gave voice to the berthers a fringe group that believes president obama was not born in the u.s.a. but it was the immigration deal that defined lowe. -- lou. >> don't get me wrong it's hard to leave. the c in cnn is not the letter c but rather the spanish word si, meaning yes as in yes, the mexicans are coming and they are here to stay. >> wow. >> now, i, of course, wish only

the best to my replacement john king, aka juan king. bill: according to the polls, most americans are not anti-immigration but they are firmly against chaos and the quasiopen border system the "new york times" embraces. after all, where is the fairness of amnesty for people who break the law coming here while others wait for years to legally come to the u.s.a. on the subject of criminal illegal aliens, the factor and lou dobbs have been quite clear, zero tolerance, quhit a crime and serve time and be banished forever. that offends liberal america which rarely -- cnn is not a place that embraces controversy or conservative populace principles so the departure of lou dobbs was inevitable. it's a miracle he lasted as long as he did. that's the memo know. now for the top story tonight, here is he. recently emancipated lou dobbs. ok. you still got your radio show three hours a day.

you still popping off on there. but, on cnn, you did quite well in the ratings when the immigration thing was in the forefront. and cnn actually moved you up from a -- they call an early fringe to 7:00 because your ratings were strong. >> right. bill: then your ratings leveled as well as all the ratings for cnn began to go down. kroncke. >> no, you are -- correct me if i am wrong. >> no, you are absolutely right. >> they didn't like your anti-immigration stuff, did. >> they i have a difference which was then under the bush administration whom i was criticizing and now when it is the obama administration and an entirely different tone was taken. not so much in the place of cnn manage: my contract was very beings police sit. i had absolute i had toler editorial control. what i reported was what i chose to report. bill: they never said in the hallway we don't like this?

this doesn't look you or the network look good? you never gotcha kind of feedback. >> never. the only issue that came up in the last 90 days of my employment there was john klein and i talked about the issue of opinion itself and advocacy journalism. he wanted to take the network in a different direction. i jund stood it and tried it accommodate him, bill. bill: doesn't make any sense. let's go back. under the bush administration and president bush didn't do a lot to stem illegal immigration until his last two years. so you hammered him? >> absolutely. bill: you hammered him. at the same time, la raza and other groups labeled you an anti-immigrant guy. not an anti-illegal immigrant guy but anti-immigrant guy. >> so did, by the way, the "new york times," which conflated illegal immigration with legal immigration. bill: so you were demonized by the left. >> right. bill: as a bad guy. you don't think cnn bought into that a at all? >> i don't. i really don't but that's just purely subjective on my part. cnn's management never tried,

and, by the way i'm 27 years and this goes back to when ted was running the operation. bill: ted turner. >> they never tried. bill: i believe you. as i said they moved you have up in the time slot when your numbers were good. >> sure. bill: but then the numbers leveled and went down and then a new president came in and you are saying as soon as the new president came, in and you went after him, not only on illegal immigration but economic issues. >> right. bill: they didn't like you anymore. >> i don't know whether that was the distinction that triggered any sort of response or difference in perspective on the part of cnn's management, but it is the only difference between the way i was conducting myself under this administration and the previous administration. bill: what did you hear? did you hear that they were uncomfortable with you? >> no. what i heard very directly was that they had decided to take cnn in a direction in which advocacy journalism would not be a part of it. bill: just wanted objective --

>> >> right. bill: doesn't make any sense. we don't have anything against cnn. nbc news we don't like. cnn i don't have anything against you guys. campbell brown, larry king. >> by the way it's those guys now. bill: those guys, i'm sorry. but every show that doesn't have an opinion is dying. it's dying. campbell brown is getting murdered. larry king has declined like 80%. anderson cooper is getting hammered. so they want more of the same? they want more of that? does that make sense to you as an economic guy? >> well, you know, i'm just talent. bill: you are economic guy. you can read the numbers. they are in dire trouble. >> their ratings are objectively without question as you suggest lower than they should be. than they have been. i was partly to blame for that because my broadcast was in that lineup. they are making choices now trying obviously to change that direction. bill: but what? by knocking out all opinion? opinion is what works.

that's what works. >> you know. you are going to have to talk to them on that one, bill. bill: you were in a position you weren't getting criticized directly you say, but the perception was things weren't -- the perception was you were just too opinionated and they didn't want that? >> that was -- well, obviously that's what they didn't want because the direction was to move toward purely a neutral presentation. bill: the ber they're thing -- birther thing that hurt you. you gave them voice. they appeared a lot on your program. >> well, actually, no. this is about a two-week period and by the way, my big offense here and by the way -- cnn has a broadcast called reliable sources without howard kurtz of the "the washington post." they ran some excerpts of what i had said about birthers. here is what i said about birthers, bill, i said birthers have a question about a birth

stisk. i personally believe that barack obama is a citizen of the united states. what i don't understand is that with army officers refusing to serve in afghanistan, with lawsuits going forward, why not just produce the doggone birth certificate and be done with it? that was my offense to answer the question. my question to you is what kind of country is it when someone in the media asks a question and that becomes a controversy? bill: well going to ask a question that barack obama doesn't want to answer, you are going to get hammered by the obama people and that's what happened. it happened to the extent that you said you were shot at out in new jersey where you lived, right? >> it followed that shot at our house on a midmorning. bill: do you really believe that that somebody shot at your house? >> no. i know it. bill: you know it? >> it's a demon scrabble fact demonstrable fact. that followed months and months of threats on the issue of illegal immigration over our phone. bill: i get.

i know what you are going through. >> it became a matter of intensity for the two or three months preceding that shot. there are those -- what's interesting on the far left people saying that just didn't happen. he made that up. bill: yeah, there are. >> well, here is the conclusive evidence to my thinking to and to my wife's. that is the threats stopped that very day that that shot was fired. we haven't received a threat since then. bill: i will carry lou over for a couple minutes here. there is speculation you might run for the senaten in n. new jersey. is that on your mind. >> a lot of things are on my mind. bill: you would be legitimate contender for the senate. >> my wife andry talking about a lot of opportunities. i'm very blessed to have a lot of the opportunities. i'm going to remain, can i guarantee you 100% i'm going to remain in the public arena. these issues that matter so much to me, many of the same that matter to you, are not changing. what is -- i'm going to remain

in the public arena. bill: you will be in the radio. you might come back to tv if the right circumstance present the itself and you might run for office. >> right. bill: final question, barack obama, is he the devil. >> he is not the devil but he is certainly a man who right now is not making it easy to understand why is he making the public policy choices that he is. there has to be a better understanding from -- result from his expression to the american people as to what is taking so long to come to a decision in afghanistan? why it is so necessary to turn over a sixth of the economy to the united states government, which is not starved itself with glory on any other subjects. bill: you don't think he is a devil. you think he is mismanaging the country at this point? >> think -- absolutely. bill: sorry to put words in your mouth. >> those were pretty good choice. bill: i would like to you come back on semi regular basis would you be willing to do that. >> it was be my honor.

bill: next on the rundown, anger growing over president obama's decision to try can a lead sheik mohammed and other terrorists in new york city. bernie goldberg on the attacks over sarah palin's book that comes out later this week. upcoming.

bill: factor follow-up segment tonight, as you may know the obama administration will try the can a khalid sheik mohammed

and four our thugs here in no. that is causing major angst. >> he is either criminal or terrorist. a criminal ends up in court in u.s. court if you are a burglar are or murderer. if you are a terrorist you are engaged in war against the united states and you are to be treated as a combatant in this case an illegal combatant. bill: with us now is a man who disagrees judge andrew napolitano. was 9/11 an act of war in your opinion? >> neither the bush administration or the obama administration can answer that because both tried people or planned to try people in military court and in civilian court. so the government doesn't know the answer to that question. bill: in your opinion, was it an act of war? >> no. it was not an act of war. bill: was pearl harbor an act of war. >> yes it was government versus government. bill: wait a minute. don't outrun your coverage here. all right. so it was japanese government against american government. now can a lead sheik mohammed, he is a member of al qaeda. >> yes. bill: that's a group. not a government. it operated in afghanistan under

a government of the taliban. aren't we splitting hairs here? >> no. i think the administration couldn't answer that question. bill: but i want you to answer it i don't care about these washington pinheads. >> they're pinheads. under the law it would have to be government versus government. if you can declare any act you want, the war on drugs a war. the war on the mob a war, then that changes the way those people are treated by the government. bill: i said this way back in the bush administration had declared war on al qaeda a terrorist group, then you wouldn't have an opinion you did now. >> there was no declaration of war. bill: because there is no declaration of war you say no terrorist act and sure live 9/11 fits that bill, right? surely 9/11 fits the bill of a terrorist act. >> it is not i who is saying it it is the constitution who is saying it. bill: i don't care about the constitution. >> i do. bill: the constitution isn't here. you are here. don't be a pinhead. [ laughter ] bill: 9/11 was a terrorist act, was it not? >> it was an act in which individual people, not a government, slaughtered innocence in america.

bill: was it a terrorist act designed to terrorize the american population? >> yes, of course it was. bill: ok. so the guy arrested is arrested in pakistan,. >> right. >> so why is he entitled to come to new york city to be tried in the civilian criminal court if he is arrested in pakistan? >> because the document you don't want me to talk about says when the government is going to prosecute you it must do so in the place where the alleged harm was cause caused. bill: why isn't he being prosecuted in boston when they entered the airport in logan or in pennsylvania or in d.c.? it was all there on 9/11? >> because the federal rules say you are prosecuted in the first place that you land in the united states and the government has chosen to bring him here. that's a policy decision which city they are going to bring him to. bill: i think this is a terrible mistake. i will tell you why. this is going to turn into a circus and a show trial. bush is going to be on trial.

the cia, waterboarding and all of that. >> none of that happened when sack rice moussaoui who is now 450 feet below the earth. bill: it is just the media didn't zero in on the circus. last question. the guy has admitted it he said he did it. we don't need to put him on trial and he wasn't mirandized. he didn't get miranda rights because he was arrested in pakistan. >> he got his miranda rights when he arrived in cuba because the military judges gave it to hill. the christians that he made were after he got-mile-an-hour dand after he arrived in cuba. that's the evidence against him. every time somebody admits something they are automatically guilty bill i agree with krauthammer and not with you. i respect your opinion. brit hume will analyze the what the president is doing in asia. sarap under fire for her new book. bernie goldberg keep track of the media attacks. knows are next after these

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bill: let's bring in fox news senior political analyst brit hume from washington. was it wise for him to leave the country before the al qaeda civilian trial came out? does it matter at all. >> i don't think it matters. i doubt most people in this country if ask you them today after several days in asia where the president of the united states is. they would probably think is he still in washington. people don't notice that much particularly in the early stages of a foreign trip. i don't think it saved him from much controversy and certainly the firestorm that erupted erupted anyway. i don't think it made much difference. bill: it did make an impression on me. maybe i'm not in tune with the folks but if i were going to make that decision as a president, i think i would have made it myself rather than having the attorney general get out there. because it is a controversy decision. you heard judge napolitano.

i don't believe that can a lead sheik mohammed and the other thugs arrested overseas. now, if they are arrested here in america, it's a different story. arrested overseas should be tried in civilian court. what do you think? >> well, what i don't understand is they obviously have a choice of where to try them. i mean they are going to try some of those at guantanamo bay by military commission. so the military commission option is open to the obama administration with the -- with all of the restraints that that would involve in terms of the revelation classified information and the rest of it if that commission is available to them and there are risks associated with trying him in the city of new york, the possible risk that his presence there and the trial would trigger a terrorist attack or something of that kind, the possible revelation of classified information and all of that, i don't understand what -- that's a potential downside. what i don't get is what is the upside? i have been scouring the columns of various people opining about this to see if somebody makes a good argument for doing it i

really haven't heard one. andrew napolitano makes the argument that its constitutional to do it that way. i'm not certain i agree with that but i will leave that to him. if the military commissions are available, then wife do it this way? i don't understand the upside. bill: you know, look, if you really want to be no spin about it, they -- certain elements in the obama administration, perhaps the president himself wants to put bush-cheney on trial. they want to put the cia on trial. they want to put waterboarding on trial. they want to do all of that divert attention away from the problems they are having by having this big circus trial. you know, humiliating the opposition. i think that's what is going on. >> well, i guess. but by the time this trial happens. i think that we'll be long past the time when the obama administration will be able to get much mileage out of whatever it can blame on the bush administration. i think that line of approach, which you -- bill: they are looking at a 212 trial. it's going to take forever. that's election year. they can point to the fact that look how bad republicans and

what they did, torture people it, might have an influence on the 212 election. >> boy it might. that is cynical calculation. i'm not saying you are wrong about it but one that certainly no one in the obama administration would never argue is a reason they're doing it. bill: the aclu has made it quite clear that's what it wants. vanguard of this and eric holder went along. do you know why president obama is in asia? i have no idea. >> couple of things. one is apex southern asian pacific economic conference. he went to the summit and i think it's appropriate that he go. fostering further cooperation among asian nations is a good idea. the president needed to show his support. while in asia he is making other sops. there is nothing wrong with that he needs to meet foreign leaders and communicate with them. all of that is to the good. i don't think there have been many concrete achievements from this trip. the act of going.

after a while if the president just seems to be with afflicted with wander lust and he has traveled the world a lot. ok, mr. president, what are you getting for all this engagement and foreign travel and i think that question is appropriate right now. bill: you basically see it's an economic play to basically give a bunch of atta boys to japan and china and singapore and things like that. >> he has things he wants to encourage in the world. there was attempt to come to agreement on asian nations on an effort to suppress global warming that obviously didn't work out very well. he has an agenda to work with these people on. the question is, does his approach, broadly speaking, and the travel is a part of it, of engagement it with the world of seeming to strike a new path in international relations, does it produce anything? and i think that question is an open question. bill: i will tell you when it's going to be a yes or no answer is if russia cooperates against iran. if he can get that done, that's a huge victory. if he can't.

>> that would be worth a lot. bill: brit hume, everybody. plenty more ahead as the factor moves along. conservatives are upset that the president obama bowed to the japanese emperor. we will discuss it. bernie goldberg on sarah palin getting hammered for her new book. we hope you stay tuned to those reports. ng tightness in my chest came back- i knew i had to see my doctor. he told me i had choices in controller medicines. we chose symbicort. symbicort starts to improve my lung function within 15 minutes. that's important to me because i know the two medicines in symbicort are beginning to treat my symptoms and helping me take control of my asthma. and that makes symbicort a good choice for me. symbicort will not replace a rescue inhaler for sudden symptoms. and should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol may increase the chance of asthma-related death. so, it is not for people whose asthma is well controlled on other asthma medicines. see your doctor if your asthma does not improve or gets worse.

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blamed. i will take the blame though because i know at the end of the day what the truth is. bill: by the way the governor will be here thursday and friday of this week and also next monday. big interview with the factor. with us now to analyze the situation, fox news analyst ellis henican. with us also mary katharine ham. i think this media blitz can make or break the governor as far as her future in politics is concerned. am i wrong. >> i'm not sure this media blitz will do it. partly due to her unfair treatment and partly due to her own mistakes she is a polarizing figure for lack of a better term and, you know, i saw her on oprah. she can be super, super engaging. she comes across as kind of an awesome american woman with a great family talking about personal issues. the problem is that that kind of thing and talking about levi johnson is going to minimize her on a politician front when she needs to look more serious. moving on what she needs to think about is if she wants to continue being a politician, although i think that's unclear since she quit being the

governor of alaska, before her term ended, i think she needs to think about running for house or senate in alaska, doing some serious work on that front or maybe running a national charity, something that would give her a little bit more approachability when it comes to independence. bill: do you think this is a make or break for her. >> i think it's crucially important. for now everybody is paying attention. she has got to stop this belly aching, why is everybody picking on me tour that sounds like she is about to go on. bill: did you read the book. >> i read pieces of the book. it's 200 pages and just coming out. bill: here is the deal. i read the book. it didn't come across to me as belly aching. she basically says this is what happened. these were the contentious things that the press picked up on, cloth interview with katie couric. whatever i did speak to katie couric the other night. we are going to have a really interesting interview with sarah palin. it came across as her setting the record straight, ellis, not pitching. >> it's her version of setting

the record straight is that the mccain yacks were mean to me. >> she is complimentary to the senator. a few of them. >> it's not just them. the alaska ethics thing completely unfair. right? the job was, what, too boring? didn't pay enough? something. we still don't know what was wrong with the job of being governor. shepard: she -- bill: she needed to make money. >> she needs to move beyond this i'm the victim here. income politics is tough. bill: did i not take that from the book. i'm being honest. did i not take the victim deal from the book. go ahead mary katharine. >> i think is is set the record straight tour. ellis is right. what needs to happen now is after the tour is over and the media will cover her badly as it always does and become unfair to her. say her part and move on to other things. the thing i disagree with ellis on is she did abhorrent treatment and to come out and make an argument for herself is

totally fair. bill: i think so. she is writing a book to try to put forth her side of the story. couldn't be put forth during the campaign. and then after the campaign, she didn't have the platform. now, i'm going to interview her a lot of inside baseball. i'm not -- she is never not going to know the questions i'm going to ask her. but it's going to be very, very like i did with barack obama. it's going to be very similar to my interview with barack obama. and i think of that it's an important interview with for sarah palin because sarah palin does demand nor attention than any other republican politician in this country. thereby she has a legitimate chance to run for president in 2012. >> she is a woman of phenomenal gifts. she has a story that connects with people. she revs up the base. she turns out people by the tens of thousands. what she has failed to do so far and you are right, maybe you are giving her a chance and ortds are on this tour is to try to broad than to people who aren't the intense supporters. bill: she has got to convince

septics. >> regular people. bill: that she has a frame of reference. and mary katharine is right. it would be better if she could serve in the senate. barack obama only served for two years and he is president. i mean and now we are going maybe he should have served longer. because it's a little shaky out there. >> take on the tough questions. bill: she has to. she is coming into the factor. >> thank goodness you will be tougher. bill: she is going to talk the personal to barbara and oprah here she is going to talk policy. >> you are always tough and fair and i think this will be a great opportunity for her. the fact is that in the subsequent interviews after the campaign she has shown a few of the same weaknesses and she needs to get stronger in those areas. this is her cans to come out and hit it out of the park. on some issues she is great. others she is not as great. she faces far more scrutiny than any other politician. she has got to hit it out of the park. a bottom line. bill: i read the book.

i didn't think it was a whiner. it will be a number one best seller. no doubt about it mary katharine and he will litigation. thank you. when we come right back, the media waste nod time in hammering governor palin. bernie goldberg is keeping score. then the bow president obama in front of the emperor of japan. we will analyze moments away.

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bill: thanks for staying with us. "newsweek" magazine and sarah palin on its cover the articles inside generally negative toward the governor. the lirnl media in general has knives out for mrs. palin. >> she is a joke. i mean, i just can't take her seriously. we have serious problems in the country. barack obama is trying to handle war. the idea that this potential talk show host is considered seriously for the republican nomination. believe me, it will never happen. >> my guess is she is not ever going to run for anything. i think if she did, i don't think she would get very far. she is interesting. she is a celebrity. but i can't imagine that she has much future in politics. >> she doesn't really have i think, the steady hand that people are going to want to see in the president at any time in the near future. >> joining from us miami bernie goldberg author of the book "a slobbering love affair." the beat goes on, bernie. is there anything new. >> the beat goes on. they didn't like her before when she was running and they don't like her now. in the book, you were just kind enough to mention "a slobbering

love affair." i wrote that when she was put on the ticket, a disease broke out in liberal america amongst the media and other liberals and it was called p.d.s. palin derangement syndrome. i don't think, bill, that they detest her simply because she is a conservative woman. even because she is a pro-life, pro-gun conservative woman. i think there is something else working here. here is a woman that didn't go to harvard, yale or princeton. she bounced around a bunch of cleanings before she ended up at the university of idaho which is practically a crime against humanity among liberal elites. she has five kids. liberals don't have five kids. one of them has down syndrome. liberals certainly don't allow that to happen. she named her kids trig and trek and willow. these aren't names that people on the upper west side of manhattan name their kids. they detested her, bill. detested her because she was so

ordinary. because she was like a middle american. and, you know what? the liberals and the lame stream media, that's who they really detest, middle americans. bill: first guy we heard in the montage was david brooks, is he a so-called conservative for the "new york times." >> that's right. bill: i do believe there is a con descension that you call them the lame stream media bring to sarah palin and also to talk radio and fox news channel and all that. but, you have got to -- i'm still trying to define what annoys people about sarah palin. she'll doesn't annoy me. i may disagree with her. i may not think she is a -- she doesn't annoy me. >> what annoys them, bill, what annoys them in a sentence is that it wasn't supposed to be this way. the most talked about woman in america, the most prominent woman in america was supposed to be one of them. was supposed to be a liberal

feminist. not, not a sarah palin. that's what they hate the most about this. bill: now, there are two ways you can handle this if you are sarah palin. and this applies to you. it applies to me. it applies to anybody in a public eye who is attacked routinely in the media i used to take it really, really personally and do a lot of back at them. i don't do so much anymore. if it's egregious, i do it. but if it's internet sniping and all of that i ignore it. >> i agree. bill: you took a lot of heat. i remember you being on cnbc and having five against one. i remember that it was absurd. we put you on and we let you whale on those people. now, sarah palin in her book, there is no doubt that she has disdain for what you call the lame stream media. i don't know blame her. >> should she dial that back or

make an issue out of it? >> a way, bill, it doesn't matter. if she dials it back, then she doesn't get to say what knee feels and if you are going to write a book you have got to say what you feel. if she does say it, everybody like, you know, like your previous guest, ellis henican and a million others are going to say that she is whining. so she -- you know, she loses either way. that's not right. i would like to make a very quick point about something that you said earl earlier about david brooks being a conservative which he sort of is. besides the liberal media going after her, there is a civil war going on in the republican party that a lot of republicans don't want to acknowledge. and on the one hand you have rush and sean hannity and people who like sarah palin a lot. millions and millions of americans. and people who want ideological purity in the republican party. on the other hand, you have david brooks who calls her a joke. have you charles krauthammer. you have some pretty big thinkers there. she is the face of that civil war. and that in the long run may be

more significant than this sniping. bill: there has got to be some type of reconciliation. >> growing irrelevant lame stream media. bill: i want to go back to fort hood. you have had a the weekend to think about it i thought it was handled terribly by most of the media i thought we did a responsible job here but of course i'm going to say that last thoughts on the for the hood media coverage? >> i came up with the list of the five dumbest things said and i will do it quickly from number five down. evan thomas said "i think he is simply a nut." all right. evan ignore all the facts, ignore everything that suggests, you know, the allah ache bar, the contacting, ignore it all and conclude he is simply a nut. great journalism, evan thomas. joe klein said there are today several odious attempts by jewish extremeists to argue that the massacre perpetuated by nidal hasan was somehow a direct

consequence of islamic beliefs. two points, bill, they were a direct result of islamic beliefs and blame the jews that's always a good one. bob schieffer, in an attempt to make sure islam didn't come off looking bad, he said and you know, islam doesn't have a majority where the christian religion has its full helping of nuts, too. good point, bob. let's all watch out for christian suicide bombers, they pose a real threat to americans. and my favorite, dumb remark was by chris, i have a thrill running up my leg matthews who said apparently he tried to contact al qaeda. that's not a crime to call up al qaeda, is it? is it? well, ok. maybe it's not a crime but it's a crime that chris matthews thinks he is a serious person when he does something like that. bill: might be a little more if you are an army major, serving. could be a little problem there. bernie, thanks as always. reality check up next tonight starring the big bow in japan.

president obama in front of the japanese emperor and then bruce springsteen headlines pinheads and patriots tonight. right back. 

bill: back of the book segment tonight, reality check where we span the globe for matters that need clarification. president obama had lunch with the jandz emperor and his wife. the president bow to the emperor which is customary. some labeled the bow how low can you go. the limbo. there it is. also, you don't have to bow it's not mandatory. so there is that. check doesn't really care as long as the emperor picked up the launch check because we are also mindful of the deficit. check 2 japanese reporter asked

the president a tough question. >> what is your understanding of the historical meaning of the a bombing in hiroshima and knack sack can i, do you think it was the right -- nag sack can i? >> i'm impressed they use the same strategy in american journalists in asking multiple questions. bill: mr. obama went on not to ain't a-bomb question which was probably smart. check three, remember congressman william jefferson the guy who had 90,000 bucks in his freezer? well, he is going to prison for 13 years after being convicted of bribery and racketeering among other things. he is 62 years old. he is appealing his sentence. check four, outgoing white house communications director anita dunn showed up on blergs news. >> was president obama aware ahead of time that you were were going to criticize fox. >> you know, i am not a person who is known for going rogue. ok? but we also don't discuss

internal decisions. bill: so president obama, according to dunn was in on the disastrous fox news squirmish, interesting. check five, there is always a danger at weddings that a few of the guests will well overimmed by. somewhere in eastern europe this happened. [screams] bill: not good. check six in vancouver, washington, goats believe in public transportation. last wednesday the guys, there

they are. tried to enter the bus. hop a ride near route 25. they were not universally accepted on the bus. they were kicked off the bus by this guy. get out of here. which is better, i guess, than being thrown under the bus. the goats now back in a pasture some place which is probably for the best. come on, give them a ride. finally check 7, the o'reilly glenn beck bold fresh tour already a hit. the west bury long island venue sold out in less than 12 hours there will be a few more tickets available call the theater out in west bury and get them quick. they are going to go. another show in tampa at the sun coast center. tickets for that one go on sale thursday. also tickets going fast in charleston, south carolina and norfolk, virginia. they will be gone. information available upon bold fresh tour.com and on bill o'reilly.com. they make great christmas gifts

because we will be doing these shows in january. that is pinheads and patriots on deck starring bruce springsteen, the boss. . . (announcer) we understand. you need to save money. sheomcotols.. s aer of73ea ay sheomcotols.. w ♪ . .

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bill: time now for "pinheads & patriots." the "the factor" turned out to run a foundation run by manager joe torre and his wife. the charity helps women and children who are being abused. >> we need for them to

understand that they're not alone, it's not their fault, and hopefully they can find a little more peace of mind. i grew up with low self-esteem because i felt i had done something wrong was a youngster and caused my mom and dad to have problems. >> for his fine work in this area. joe torre is a patriot. bruce springsteen was playing in the detroit area over the weekend. >> greetings, ohio! bill: well, since ohio is about 100 miles south of where the boss was performing, his acknowledgment is a bit perplexing. it is possible the boss is a geographical pinhead. finally tonight, a couple of announcements. the snow spin elves have been overwhelmed in the bill o'reilly christmas holiday store. if you spend more than $14.95, we'll seend you this free "we

say merry christmas" bumper sticker. it sends a message that needs to be sent. also, members get double discounts for the next couple of days. sign up and you'll get your membership fee back if you buy any gifts at all. i love that bumper sticker. now the letters. your rant of putting al qaeda terrorists on trial in new york city is as good as it gets. but using the slang word "rant" diminishes the analysis. this is a bad move. we provided reasons why it is. no ranting was involved. virginia from new york city. "i live six blocks from the world trade center and want to see those killers tried in an open court." chris from the bronx, new york. "i'd like to see these terrorists get off to a technicality and then get sent up here. they wouldn't last 10 seconds." jill from wisconsin. "exactly where does the obama administration think they will find 12 impartial jurors?"

excellent question. from new hampshire -- "having the trial in new york will be a diversion. iting focus on the c.i.a., bush-cheney, as well as torture and away from the policies of president obama." andrea from england. "there is no doubt a circus trial will hurt the 9/11 fearms. america should peacefully protest this decision." a message from ireland. "o'reilly, as a liberal, you infuriate me, but for some reason i stay up until 1:00 in the morning to watch "the factor." we grow on you. from texas. "bill, my mother just turned 93. she likes you better than larry king." well, thank your mom, john. it's a tough one for larry. he's in that age bracket. barbara from california -- "regarding your tour with beck, he's bold and you're fresh, right?"

barbara, i think it's interchangeable. from colorado -- "i have my ticket to the bold fresh tour in tampa bay. i want you to know i'm interrupting my winter vacation in cancun. i'll see you and glenn there." i know i'll be worth it. beck, we'll shape him up. and from missouri -- "i looked at the pictures in "bold fresh," bill and you look like tom hanks. so are you a closet liberal?" i don't believe so, but one never knows. you know how those closet liberals are. how about our website? "talking points" memo on lou dobbs tonight. came in late and you want to read it, you can access it on the website. email us with pithy comments, name and town if you wish to opine. and in writing to the "the factor," here's the word of the day. do not be a